United States v. Clyde Wallace Stamey
This text of 423 F.2d 1223 (United States v. Clyde Wallace Stamey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Clyde Wallace Stamey appeals from a conviction for bank robbery [18 U.S.C. § 2113], assigning as error the admission of police officers’ testimony quoting a prior consistent statement made by a government witness.
The testimony was properly admitted. The declarant was subject to cross-examination concerning the statement, and the testimony of his prior consistent statement was offered to rebut charges of recent fabrication or improper motive. See generally Proposed Rules of Evidence for the United States District Courts and Magistrates, 8-01(c) (2) (ii), and Advisory Committee’s Note (c) (2) (ii), pp. 159 and 165 (Preliminary Draft, 1969).
The judgment is affirmed.
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Cite This Page — Counsel Stack
423 F.2d 1223, 1970 U.S. App. LEXIS 10036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-clyde-wallace-stamey-ca4-1970.